February 13, 2020

CivPro Discussion

Jurisdiction of Regular Court

1. Jurisdiction of First Level Courts (MeTC, MTC, MCTC)

- Sec 33, Rules of Court
Paragraph 1. only cognizable by the First Level Court in – civil action and probate
proceedings.
- Civil Action – only involves personal property; money included.
- But in probate proceedings may involve personal and real properties.
- Civil Actions and Probate proceedings have ceilings. The amount in both
cases must not include 300,000 and 400,000 in Metro Manila.
- In determining the jurisdictional amount, we have to exclude interest,
damages, attorney’s fees, litigation expenses and costs. BUT, in determining
the amount in the filing fee, include the aforementioned.
- When stipulated interest is included in the complaint, the interest is
deemed included in the computation of jurisdictional amount.
- Read GOMEZ vs MONTALBAN 548 SCRA 693
- If the action is purely for damages, then the amount is included in the
computation of jurisdictional amount (
- READ SANTE vs CLARAVALL – the exclusion of damages in computation of
jurisidictional amount is only when such damges is merely incidental.
However, if the case before the court is purely for damages and the cause of
action is the claim of damages, then include it in the computation.

Payment of Correct Docket Fees

- Manchester Development Corp versus CA
o Damages should be factored in for the purpose of payment the
docket fees. Docket fees has to be paid the correct and complete
amount of docket fees to effectively give the court jurisdiction.
- Sun Insurance Office LTD versus CA
o Th e court may allow any person to pay the docket fees absent
payment upon filing of the complaint within reasonable time.
Provided that such time shall not go beyond the prescriptive or
reglementary period of the action filed.